Going through a divorce is a challenging undertaking, but the complexity increases when one party is a member of the military. Anyone facing this possibility has to be prepared to handle the property division aspect, but you also have to consider how you will navigate the changes in military benefits that may occur.
Many people don’t realize that property division in a military divorce is based on the jurisdiction that’s over the case. People who are going through a divorce in Texas should understand how this might impact their military divorce.
How does jurisdiction affect property division in a military divorce?
Texas is a community property state, which means that assets and debts that are acquired during the marriage are considered joint property. During the divorce, they’re divided equitably. This means the court divides the assets based on what’s right and just, not just what’s equal.
Some of the property that’s divided includes retirement accounts, real estate, vehicles, military pay, and personal property. The way these are handled varies greatly. Factors, such as fault in the breakup, needs of shared children and each spouse’s earning capacity, can play a role in what happens during these divorces.
Under the Uniformed Services Former Spouses’ Protection Act, disposable retirement pay is considered community property, which means that the non-military spouse can receive a portion of it. The manner in which this is done depends largely on the length of the marriage.
How are military benefits handled?
Military benefits are handled based on the length of the marriage, the time the servicemember was in the military and how much of the time for those two overlapped. A 20/20/20 situation, which means 20 years in the military, 20 years of marriage and 20 years of overlap, provides the most benefits to the non-military spouse. Limited benefits are available for 20/20/15 situations.
Handling a military divorce can be a complex undertaking. Consider working with someone familiar with these matters so they can provide you with assistance each step of the way.
